A right clearly protected
by the First Amendment

Although raised in a military family, I felt that the Vietnam War was deeply unpatriotic, especially as manipulated by President Richard Nixon and Secretary of State Henry Kissinger. War protesters burned the American flag to express their deepest unhappiness with government policy, since other expressions of political opposition seemed to go nowhere.

The question of flag-burning went to the Supreme Court and, in 1989, was defined as an action guaranteed under the First Amendment.

The First Amendment, which guarantees American citizens both freedom of religion and expression, is the cornerstone of our American liberties. To infringe the First Amendment is to threaten every one of us with the loss of additional freedoms: perhaps the right to warranted searches (Fourth Amendment), the right not to incriminate ourselves in court (Fifth Amendment) and so on, through the Bill of Rights and the other constitutional amendments.

Donald Trump doesn’t understand the First Amendment. Although I can’t imagine ever doing so myself, I support the right of others to burn the flag in a last extremity when they feel that no other action will be heard or understood.

Cynthia HiltonEl Cerrito

Trump is dangerously
ignorant of our rights

No one should support Donald Trump’s views about flag burning. The Supreme Court in 1989 held that flag burning constitutes a form of “symbolic speech” that is protected by the First Amendment. The majority noted that freedom of speech protects actions that society may find offensive but society’s outrage alone is not justification for suppressing free speech. The majority included Justice Antonin Scalia.

Congress then passed the 1989 Flag Protection Act making it a federal crime to desecrate the flag. In a 1990 Supreme Court case that law was also struck down by the same five-person majority.

Additionally, U.S. citizenship cannot be revoked for natural-born citizens and only in rare instances for naturalized citizens (where there is objective evidence to establish that the individual was not eligible for naturalization, or procured naturalization by willful concealment or material misrepresentation).

Trump is dangerously ignorant of our constitutional rights. If and when he’s sworn in, he should know what’s in the Constitution since he will swear to protect and defend it.

Carole KlokkevoldAlbany

Laws and courts cannot
selectively choose rights

This issue is greater than opines of Donald Trump, or anyone for that matter. The issue has to do with the First Amendment right of free speech. If burning the U.S. flag is considered an expression of free speech, then other means of such speech must also be allowed: The burning of the LGBT flag, the burning of the Bible, the Koran, or the cherished symbols of any group, religion or culture.

I’m not advocating any of these but we cannot allow our laws or the courts to pick and choose based on political correctness, opinions or present-day attitudes.

We cannot legislate love and acceptance, nor can we prevent hate. These are misguided conditions of human nature.

If you hate this country or an issue so much that you have to burn and destroy, the problem is not with the symbol, but with yourself. We are a government of laws — of, by and for the people.

The Constitution supports the promotion of the general welfare by ensuring a free society where free, self-responsible individuals would enjoy life, liberty, and the pursuit of happiness. However, you, alone, are responsible for your actions and subsequent consequences.

Roger W. HaserotClayton

Another statement just to
keep the masses stirred

The president-elect’s stance that flag burners should be jailed or suffer the loss of their U.S. citizenship is just another in a long line of empty promises. This question was answered by SCOTUS years ago and was ruled to be covered under our First Amendment right of freedom of speech.

This was another one of his gotta-keep-the-masses-aroused statements and he knows (or should know) that such an action would never make it in court. Put this one in the same basket of impossible moves as was his statement that our naval forces should blow anyone out of the water that flips our forces the bird. Again I say, God help America.

Morris SoubletHayward

Love our symbol, but
people free to burn it

No family is more patriotic than ours. The flag flies from our front porch on every national event. It is taken down at sundown. When it becomes too worn to fly, we take it with honor to have it properly disposed of by the Boy Scouts. Do we love and honor that red, white and blue symbol of our freedom? You bet we do. But, I shout a loud and clear, resounding no when asked to reply to the idea of criminalizing the burning of this, sacred to me, symbol.

That flag symbol stands for that right to express anger, disappointment, feelings of betrayal, or whatever emotion generating that action of burning our flag. Do I feel hurt when our national symbol is desecrated in any way? You bet I do.

I feel it in the way I feel when I hear one of our military men/women are reported maimed or killed. I feel it in the way I feel when I hear someone disrespect someone of a different nationality or race.

When our flag is flying outside our home all of our hearts are attached to it, but I would never deny someone else their right to differ. That’s what living in a democracy is all about.

A. Diamond TrammelConcord

To prevent chaos, we must
have laws against burning

I feel compelled to respond to this question. Long ago in my college ethics class, I learned that freedom is based on law and order and lack thereof will only promote chaos. I have seen this play out time and time again.

On this question of burning our flag, a symbol of our United States of America and the freedoms we are so blessed to have, I once again apply this ethical premise, that we must have law and order regarding actions toward violating these freedoms. I believe there should be laws against this and that a consequence should be enacted if one chooses to violate these laws.

This is not unprecedented as we have consequences for the graffiti artists: why not the same for our beautiful country?

Kerin RomeroFremont

Flag burning offers strong,
single method of protest

After losing the popular vote for the presidency, the Republican Party has decided that it has a mandate for its policies. This includes a tax plan that will reduce taxes on the wealthy by 13 percent, repealing the estate tax, ignoring the conclusion of 97 percent of all climate scientists about the reality and danger of global warming, and controlling the decisions of women and girls about when to bring children into the world.

The traditional policies of Republicans to threaten programs that families need to be healthy will continue. We need every single method of protest to fight these possible changes by national Republicans. Flag burning as protected free speech is established and must be maintained.

Elizabeth PrestonOakland

Vet who shouts no at the
idea of flag-burning ban

This Korean-War vet shouts no. Federal law recommends burning unserviceable flags. If we had a no-burn law, what would unserviceable mean? How is flag defined? Must it be made of cloth? What about on plastic, tattoos, in newspapers, painted on walls; on clothing, and on and on?

In many states, children are punished as adults. Shall we strip a 10-year-old of citizenship? And deport the kid to — where? We have a constitutional right to feel offended; we have no right not to feel offended (except, of course, in many universities).

Saluting or burning this symbol is a means of communicating ideas, much like speaking, gesturing or writing. So says the Supreme Court, correctly so.

Freedoms must be broadly interpreted, especially including offensive ideas and not be subservient to personal pique or zealotry. So, is burning to be the only punishable flag-transgression? As the prescient Peggy Lee opined in her 1969 song, “If that’s all there is my friends, then let’s keep dancing. Let’s break out the booze and have a ball.” Words to govern by, President Trump.

Joe MoranOrinda

Trump absolutely wrong
on the flag-burning issue

Donald Trump is absolutely wrong to say there should be some type of punishment for burning the flag. The Supreme Court has ruled that that action is supported by the Constitution, regardless of feelings.

Trump has no problem with letting the KKK parade their hated and bigotry, though. We have got to be on the watch for his trying to erode the Constitution. He’s already begun by not only avoiding the press but denouncing the media as rigged, inaccurate, etc. That is the first step toward fascism. He must learn that he can not do anything he wants.

Beverly TerlepWalnut Creek

Trump has much bigger
things to worry about

No. Burning the American flag is one of the approved methods of disposal. Of course it is done with a different sentiment and ceremony, one way is respectful, and the other is in protest. Therefore, it comes down to intent, which leaves it up to the thought police.

I understand Donald Trump’s stance that he wants to punish those who are disrespectful. But this sounds totalitarian; he wants to punish his opponents. He has bigger things to worry about like jobs, the economy, California’s non-existent drought, foreign affairs and climate change.

If he does his job well and America does become great (again), then there will be no need for protest or flag burning. He should consider this as incentive. I, for one, am glad we live in a society that allows differing viewpoints. Where would we be now if we couldn’t dump the tea in the harbor?

Jim CaubleHayward

Cannot give the president,
any president, such power

I am absolutely opposed to banning burning the flag, burning the Constitution, ignoring the Supreme Court and granting the president, any president, special powers to decide who may or may not be a citizen, or granting the president the power to ignore a decision of the U.S. Supreme Court that burning the flag is protected speech under the First Amendment of the Constitution.

If we are to continue to have free speech in this country, it means by definition, we must have free speech, even for those who disagree with us.

Would those willing to support incoming President Donald Trump in punishing unpopular speech have supported outgoing President Barack Obama in doing the same? Once one president, one leader, can do that, then any president, any leader can do that. Should that happen, where is our beautiful free country then?

Michael SteinbergBerkeley

Should receive punishment
for burning American flag

Although I agree in spirit with Donald Trump’s stance, the issue is more complex. Our flag in fact protects those who hold it in contempt.

Do we live in a great country or what? In 1990, Supreme Court Justice Brennan stated that “the government may not prohibit the expression of an idea simply because society finds the idea itself offensive or disagreeable.” To this day, it remains a hot-button issue.

For the past several decades, states have been trying to fine-tune desecration laws, to focus on the burning of the flag. In some foreign countries, flag burners are prosecuted. In Iran, they are sentenced to death.

So, here’s an idea for Trump, if you are a U.S. citizen who burns our flag, you go to jail or you are required to attend a semester of U.S. history to learn about the hundreds of thousands of Americans who have died fighting for our flag. If you are a refugee from the Middle East or here illegally you get arrested and deported, period.

George KapusConcord

Extreme punishment is deserves for flag burning

Desecrating, burning and mutilating the flag should be punished to the extreme punishment existing by law. Following is the case to be made for that:

For all of the American people’s history — from the day of inception, current struggles, the help we provided through the generations to needy nations who would have disappeared without our help, the fight for freedom to embrace our ideals and live within these parameters, to care for the nature that surrounds us, to provide education to the young so they can carry on what their ancestors had began and develop and improve even more the lives of their fellow Americans — the flag says it all.

As it is being carried or hoisted on the pole it encapsulates everything within its stars and colors, and silently it tells the whole story of the American people. The flag is the silent and eternal witness, and always will be.

More in Letters to the Editor

We encourage you to submit letters that share your opinions on issues of interest to residents in our community. Letters may be edited for length and clarity, and we'll let you know if your letter is submitted for publication.

Rather than leaving their families behind, while facing possible death and paying “coyotes” to bring them to America in search of a better life, why don’t these immigrants protest in front of Mexican consulates or the Mexican Embassy and demand their government grant them the freedoms Americans enjoy?

Illegal immigration costs the American taxpayers $134.9 billion annually according to detailed analysis of federal, state and local programs that includes education, medical care, law enforcement and welfare.